Comments on: Famed NYC lawyer turns down $8 million offer in cerebral palsy case

By: William Nuesslein

William Nuesslein — Mon, 13 Jul 2009 15:54:04 +0000

Patrick,

Yes.

Life has risks. Medical mistakes is just one class of mistakes. Negligence is distinguished from just bad luck by a Kabuki dance. Look at the fetal-monitor cases where a quack would read fetal monitor tapes and see absolutely clear evidence of distress.

The amount paid for a death claim by a life insurance is based only on how much insurance was in force. Whether Dad was a saint or a bum has no bearing on the payout.

I suppose the Doctor and Hospital in the blood-type case would prefer not to be punished. But I am sure that the Doctor and Hospital do have lots of safeguards in their procedures, and that they take heed from the lessons learned from errors. That is all that should be expected from them.

By: ps

ps — Mon, 13 Jul 2009 06:43:00 +0000

If anyone thinks that $8 million (or at least what the parents will ultimately come away with after paying their attorney) is not enough to look after this child’s needs for the rest of its life needs to look up the word greed. Whether they acted on their lawyer’s advice or not they deserved what they got.

By: Patrick

Patrick — Sun, 12 Jul 2009 23:18:20 +0000

Grrr. Bad link. Do you think Jesica Santillan's surgeon and Duke University should have been allowed to escape liability for getting the blood type wrong in a transplant, because her parents didn't buy a no-fault "astonishing surgeon scewup" policy?

By: Patrick

Patrick — Sun, 12 Jul 2009 23:13:59 +0000

Patients should be required to purchase adverse outcome insurance prior to a medical procedure. The patient would purchase a policy that best fit their circumstances.

What? Even in "no fault" auto insurance states, the law allows suit for serious injuries caused by negligence. Between the physician, the hospital, and most patients, the risk of negligence causing serious injury is best left with the parties responsible.

By: jkoerner

jkoerner — Sun, 12 Jul 2009 16:17:26 +0000

Too bad NY does not have a law similar to California where a litigant who turns down a settlement and receives less at trial is on the hook for the other party’s legal fees.

By: Commentor

Commentor — Sat, 11 Jul 2009 17:01:53 +0000

What kind of damages are sometimes won in such cases? I’m trying to put the $8,000,000 offer into context. Economic damages for a baby certainly seems speculative.

By: William Nuesslein

William Nuesslein — Sat, 11 Jul 2009 16:24:36 +0000

We should not use kabuki dances to insure for adverse outcomes. Patients should be required to purchase adverse outcome insurance prior to a medical procedure. The patient would purchase a policy that best fit their circumstances. Mal Med Insurance taxes, with high overhead, decent citizens who understand that all of life is subject to risks.

And I want to thank the jury in this case. I often decry the stupidity of American Citizens, and this counter example brings me pleasure.

By: CarLitGuy

CarLitGuy — Sat, 11 Jul 2009 05:13:07 +0000

Max,
while this may have cost the lawyer a cool quarter million in largely paper losses (his time, likely billing at least $600 an hour – though I’ve not pulled any fee ruling for this counsel, and may have grossly underestimated his hourly rate), I am left wondering how many previous cases he has won in which, through the magic of lodestar calculations, he has been paid some multiple of what he actually billed. Regardless, even with a contingency arrangement, the vast majority of contracts I have seen hold the client responsible for costs.

At the end of the day, on loss, counsel is out only his time, that of his staff, and overhead. Should he win, he either receives all that, with some positive multiplier, or a percentage of recovery which has nothing at all to do with the time actually invested in the case. At a mere 25% contingency, that $8 million offer would have represented an 8 to one return on his investment. Any poker player will tell you those are fantastic pot odds.

By: B Rad

B Rad — Sat, 11 Jul 2009 04:08:25 +0000

“No one should second-guess sound legal advice just because the outcome was unfortunate.”—from the NY Post comments section.

Wow, that’s interesting. Replace “legal” with “medical” and I wonder if the writer still believes his statement.

By: Demosthenes

Demosthenes — Fri, 10 Jul 2009 20:23:55 +0000

In this high stakes Jackpot Justice poker game, even a skilled card counting professional gambler like the exceedingly wealthy Tom Moore occasionally loses.

Nothing personal. It is just business, Las Vegas style.